Key Eligibility Requirements to Get a Green Card Through Marriage Fast
Shawn Sedaghat, Esq.
Getting a marriage green card sounds exciting, doesn’t it?
It’s your ticket to living and working in the United States, but there are some important steps and rules to follow to make the process as smooth as possible. A green card through marriage will allow you to live with your U.S. citizen spouse and build your dream household together.
This will also help you gain immigration benefits, like the ability to work in the United States legally while you are adjusting your status.
However, this green card process is not an easy for grabs; for immigration purposes, your green card approval will undergo multiple steps. You might need the help of experienced law firms with expert immigration attorneys so you’ll have a smooth consular processing for your green card marriage application.
Don’t worry—this guide is going to walk you through the specific details on the eligibility for marriage green card application , from application to adjustment of status and everything in between!
Let’s break it down!
1. First Things First: You Must Be Legally Married
To qualify for a marriage green card, the first thing you need is a legally recognized marriage with your U.S. citizen spouse . It’s not just about living together or dating; your marriage has to be official according to the country’s laws where it took place.
Did you get married abroad? No problem! Your application process is valid in the eyes of U.S. Citizenship and Immigration Services (USCIS).
For those who have been married before, you’ll need to show proof that any prior marriages have ended. This could be a final divorce decree or a death certificate. The point is, you need to show that you’re legally available to marry again before you tie the knot with your U.S. citizen or green card holder spouse.
2. Your Spouse Must Be a U.S. Citizen or a Green Card Holder
One of the key eligibility factors for getting a green card through marriage is the status of your spouse. There are two main types of marriage green cards:
- If your spouse is a U.S. citizen, you can start the process right away. That’s because U.S. citizens’ spouses have no wait time for visa availability.
- If your spouse is a lawful permanent resident, the process is still possible, but you’ll have to wait for a visa to become available. This wait can take months or even longer, depending on how many people are applying at the time.
It’s important to note that this is only the beginning. Whether your spouse is a U.S. citizen or a holder of a green card you’ll still need to prove a lot more, especially when it comes to the legitimacy of your marriage (more on that next!).
3. Proving Your Marriage is Real: What Counts as Evidence?
This part of the process is super important! You and your spouse must prove that your marriage is bona fide—a fancy way of saying “genuine.” You’ll need to show that you married because you love each other and want to build a life together, not just to get a marriage green card.
Here’s what counts as good evidence:
- Joint bank accounts: If you and your spouse share money or pay bills together, that’s a great sign of a real marriage.
- Leases or mortgages in both your names: Living together shows that you’re building a home together.
- Family photos: Pictures from holidays, vacations, or family gatherings can prove that you’re a real couple.
- Affidavits from friends and family: These are letters from people who know you and can vouch for your relationship.
During your marriage green card interview, the USCIS officer will review all this evidence. They might even ask questions about how you met, what you do on weekends, or what your future plans are.
It’s all about showing that your relationship is legit!
4. You Need a Legal Entry into the U.S.
This step is especially important if you’re already in the U.S. and applying for a marriage green card. USCIS will want to see that you entered the country legally, meaning you came in through an official port of entry with a valid visa. You’ll need to provide documents like your visa stamp or passport photo page as proof.
If you entered without going through the proper channels, things can get a little trickier, but there may still be options for you. In cases like this, it’s a good idea to consult an experienced immigration lawyer to help you understand your options.
5. Meeting the Income Requirement: Can You Support Each Other?
One of the most overlooked requirements for in the application process is proving that the sponsoring spouse (the one who’s a U.S. citizen or green card holder) can financially support the spouse who’s applying. This is where the Affidavit of Support (Form I-864) comes in.
Basically, the Affidavit of Support is a contract with the U.S. government where your spouse promises to financially support you at a level that’s at least 125% of the federal poverty guidelines. Don’t worry if that sounds confusing—it’s just a way of making sure you won’t need public assistance once you get your marriage green card
If your spouse’s income isn’t quite enough, a close relative or friend can step in as a joint sponsor to help meet the income requirement.
6. Time for a Medical Exam
Every applicant for a marriage green card needs to complete a medical exam. You’ll need to see a doctor who is approved by USCIS, and the exam will check for things like contagious diseases, up-to-date vaccinations, and other health factors.
This isn’t something to stress over, but it’s required. After the exam, the doctor will give you a sealed report that you’ll include with your marriage green card application. Easy enough, right?
7. Key Documents You’ll Need to Submit
Okay, this part is a little paperwork-heavy, but if you want to get your marriage green card fast, you’ve got to make sure all your documents are in order.
Here’s a checklist of some of the most important ones:
- Certificate of Marriage: Proves your marriage is legal.
- Proof of U.S. citizenship or green card holder status: This can be a certificate of birth, U.S. passport, naturalization certificate, or green card.
- Birth certificates for both you and your spouse.
- Proof of lawful entry: This is usually your visa stamp or I-94 form, showing when and how you entered the U.S.
There may be more documents required depending on your situation, so make sure to check the USCIS website or, better yet, consult with an immigration attorney to make sure you’ve got everything covered.
8. Conditional vs. Permanent Green Cards
Once everything is approved, you’ll receive either a conditional or a permanent one, depending on how long you’ve been married.
- Conditional Green Card: If you’ve been married for less than two years when your application is approved, you’ll get a conditional green card for your conditional permanent residence that’s valid for two years. After that, you and your U.S. citizen or lawful permanent resident spouse will need to file to remove the conditions so you can get a permanent green card.
- Permanent Green Card: If you’ve been married for more than two years, you’ll get a green card that’s valid for 10 years.
Both cards give you the same rights and privileges, but the conditional type has that extra step where you need to file Form I-751 to remove the conditions after two years. To go through this process smoothly, it would be best to consult experienced immigration attorneys.
9. Green Card Application : The Key Steps
Let’s quickly run through the green card application process to make sure you understand what to expect:
- File Form I-130: This is where your spouse, files a petition to USCIS showing that you’re married and eligible for a marriage green card.
- File Form I-485 (if you’re in the U.S.) or Form DS-260 (if you’re abroad): This is the form for adjustment of status or consular processing, depending on whether you’re in the U.S. or overseas.
- Attend the Green Card Interview: This is where you’ll meet with a USCIS officer to discuss your marriage. It’s not as scary as it sounds, but you do want to be prepared. Make sure to bring all your documents and be ready to answer questions about your relationship.
Once the interview goes well, you’re almost there!
10. Speeding Up the Application Process
If you’re eager to get your marriage green card as quickly as possible, here are a few tips to help speed up the process:
- Get everything right the first time: Double-check all forms and documents. Any mistakes can lead to delays or even denials.
- Respond quickly to any requests: If USCIS asks for additional information or evidence (known as a Request for Evidence or RFE) for your green card procedure, send it in right away.
- Submit strong evidence: The more solid your evidence of a genuine marriage, the smoother your green card interview will go.
And remember, if at any point you feel unsure about what to do with your green card procedure, don’t hesitate to reach out to an experienced immigration lawyer who can guide you through every step of the way of this immigration process.
Conclusion
Getting an immigrant visa through green card through marriage can be a straightforward process when you understand the eligibility requirements and follow the steps properly.
From proving your valid marriage with your U.S. citizen or lawful permanent resident spouse to submitting all the required documents, the key is to be thorough and timely. And if you’re ever in doubt, consulting with an immigration attorney can make the journey easier.
FAQs
1. What are the basic eligibility requirements for a marriage green card?
To be eligible for a marriage green card, you must be legally married to a U.S. citizen or a permanent resident. Your marriage must be genuine and recognized in the country where it occurred. Additionally, you will need to meet income requirements and provide a marriage certificate as proof of your marriage.
2. What documents do I need for a green card application?
You will need several key documents to apply for a marriage green card, including your marriage certificate, proof of your spouse’s U.S. citizenship or green card holder status, your birth certificate, proof of your legal entry into the U.S., and joint documents (like bank accounts, leases, or family photos) to prove your marriage is real.
3. Can I apply for a marriage green card if I entered the U.S. without a valid visa?
If you entered the U.S. without a valid nonimmigrant visa, you may face challenges when applying for a marriage green card, but it’s not impossible.
4. How long do a permanent resident need to wait before they can sponsor their spouse for a green card?
If you’re a lawful permanent resident (green card holder), you can sponsor your spouse, but the wait times might be longer than for a U.S. citizen. Typically, a permanent resident may have to wait for visa availability before filing the application, which can vary depending on demand and your home country.
5. Can lawful permanent residents apply for a green card for their spouse immediately?
No, unlike U.S. citizens, they have to wait until their priority date is current, based on visa availability. The process usually takes longer compared to citizens, as a lawful permanent resident is subject to annual visa caps.
6. Can a permanent resident lose their green card if they divorce their spouse?
Divorce won’t automatically result in losing your green card if you are already a permanent resident. However, if you received a conditional green card, you’ll need to file Form I-751 to remove the conditions on your green card. The immigration office will carefully review the situation to ensure the marriage was genuine.
7. How can a permanent resident bring their spouse to the U.S.?
If you’re a permanent resident, you can file Form I-130 to start the process. Once approved, your spouse will be able to apply for an immigrant visa or adjust their status to become a permanent resident once a visa is available for them.